Put your estate plan on your list of New Years resolutions.

It's that time of year when we start thinking about resolutions for the New Year. Sometimes it feels like people devote more time choosing a place to order dinner from than they do estate planning—deciding who will inherit their assets after they’re gone. It may not be as fun to think about, but without estate planning, you can’t choose who gets everything that you worked so hard for.

Estate planning isn’t only for the rich. Without a plan in place, settling your affairs after you go could have a long-lasting—and costly—impact on your loved ones, even if you don’t have a pricey home, large IRA, or valuable art to pass on. Need some reasons to add putting an estate plan in place to your list of New Years resolutions?

(1) AN ESTATE PLAN PROTECTS BENEFICIARIES. If estate planning was once considered something that only high net worth individuals needed, that’s changed. All families need to plan for when something happens to those who are earning money for the family. You don’t have to be super rich to have asset worth protecting, like a house, a retirement plan, a vacation house, a brokerage account, etc., all of which you’ll want to pass on to your heirs. Even if you’re only leaving behind a house, if you don’t decide who receives the property when you pass away you won’t have any control over what happens to it.

That’s because the main component of estate planning is designating heirs for your assets, whether it’s a vacation cabin or a stock portfolio. Without an estate plan, the courts will often decide who gets your assets, a process that can take years, rack up fees, and get ugly. After all, a court doesn’t know which sibling has been responsible and which one shouldn’t have free access to cash. Nor will the courts automatically rule that the surviving spouse gets everything.

Here's what it comes down to: If you die without a Will, which is a vital part of an estate plan, state law will decide who gets your assets, not you.

(2) AN ESTATE PLAN PROTECTS YOUR KIDS. Nobody likes to think about their own death, but if you’re the parent of small children, you need to prepare for the unthinkable. This is where the Will portion of an estate plan comes in. To ensure that your children are cared for in a manner of which you approve, you’ll want to name their guardians in the event that both parents die before the kids turn 18. Without a Will that names these guardians, the courts will step in to decide who will raise your children.

(3) AN ESTATE PLAN CAN SPARE YOUR HEIRS A BIG TAX BILL. Estate planning is all about protecting your loved ones, which means in part giving them protection from the IRS. Essential to estate planning is transferring assets to heirs with an eye toward creating the smallest possible tax burden for them.

Even just a bit of estate planning can enable couples to reduce much or even all of their federal and state estate taxes and state inheritance taxes. There are also ways to decrease the income tax beneficiaries might have to pay. Depending on your family's situation, without an estate plan, the amount that your heirs will owe the IRS could be quite a lot.

(4) AN ESTATE PLAN HELPS PREVENT FAMILY FIGHTS. We’ve all heard the horror stories. Someone with money dies and the war between family members begins. One sibling may think they deserve more than another, or one sibling may think they should be in charge of the finances even though that might not be within the sibling's particular skill set. Such squabbling can get ugly and end up in court, with family members pitted against one another.

Stopping fights before they start is yet another reason why an estate plan is necessary. This will enable you to choose who controls your finances and assets if you become mentally incapacitated or after you die and will go a long way toward quelling any family strife and ensuring that your assets are handled in the way that you intended. It also will help you make individualized plans, if necessary—to take care of a child with health problems or to set up a Trust for one who might be better off not inheriting a lump sum. It can also help you give more to the child who did most of the work of caring for you in your later years or less to the one whose extensive education you funded while paying far less for their siblings.

Deciding whether to divide your estate exactly equally is one of the key tasks you need to think through. And, of course, if you've had more than one spouse—or have children from more than one family—an estate plan is urgent.

Here's the bottom line. If you want your assets and your loved ones protected when you can no longer do it, you will need an estate plan. Without one, your heirs could face big tax burdens and the courts could designate how your assets are divided—and even who gets to raise your children. If you don't have an estate plan or you have one that needs to be reviewed and updated, give us a call at 253.858.5434. We represent clients throughout Washington and Idaho and are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference.

Any number of situations indicate a need for a well thought out estate plan that's specific to you and your family. We've been advising clients regarding their estate plans for 24 years.

Do you own a house or other real estate? Do you have kids? Grandkids? Do you own a vacation place or a rental property in another state? Are you in a "blended family" situation, where you and your spouse each have children from a previous marriage? Do you own a small or family-owned business? Are you philanthropically minded and want to do some long term planning for gifts to charities? Is your estate worth more than $2.2 million? Any of these things indicate a need for a well thought out estate plan that's specific to you and your family. We have been representing clients regarding their estate plans for 24 years. If we can be of service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and, although we are open for in-person Will signings, we are doing all other client meetings by phone or video conference until this latest stay-at-home order is lifted.

A lot of people think having an estate plan just means signing a Will. But there is much more to an estate plan to make sure everything goes seamlessly upon your death or incapacity.

A lot of people think having an estate plan simply means signing a Will or a Trust. However, there is much more to include in your estate plan to make certain all of your assets are transferred seamlessly to your heirs upon your death. A successful estate plan also includes provisions allowing your family to access or control your assets should you become unable to do so yourself.

Every estate plan should include:

* Will/Trust

* Durable power of attorney

* Beneficiary designations

* Health care power of attorney

* Guardianship designations

In addition to these documents and designations, a well-laid estate plan also should consider the purchase of insurance products such as long-term care insurance to cover old age, a lifetime annuity to generate some level of income until death, and life insurance to pass money to beneficiaries without the need for probate.

WILLS AND TRUSTS. A Will or a Trust may sound complicated or expensive—something only rich people have. That is an incorrect assumption. A Will or Trust should be one of the main components of every estate plan, even if you don't have substantial assets. Wills ensure property is distributed according to an individual's wishes (if drafted according to state laws). Some Trusts help limit estate taxes or legal challenges. However, simply having a Will or Trust isn't enough. The wording of the document is critically important.

A Will or Trust should be written in a manner that is consistent with the way you've given the assets that pass outside of the Will. For example, if you've already named your sister as a beneficiary on a retirement account or insurance policy (assets that typically pass outside of a Will to a named beneficiary), you don't want to give the same asset to a cousin in the Will because it could lead to a Will contest. Not to mention that both individuals could become bitter toward each other (and you) during a legal battle.

DURABLE POWER OF ATTORNEY. It's important to draft a DPOA, so an agent or a person you assign will act on your behalf when you are unable to do so yourself. Absent a power of attorney, a court may be left to decide what happens to your assets if you are found to be mentally incompetent, and the court's decision may not be what you wanted.

This document can give your agent the power to deal with real estate, enter into financial transactions, and make other legal decisions as if they were you. This type of DPOA is revocable at a time of your choosing, typically a time when you are deemed to be physically able, or mentally competent, or upon death.

In many families, it makes sense for spouses to set up reciprocal DPOAs. However, in some cases, it might make more sense to have another family member, friend, or a trusted advisor who is more financially savvy act as the agent.

BENEFICIARY DESIGNATIONS. As noted earlier, a number of your possessions can pass to your heirs without being dictated in the Will (e.g., 401(k) plan assets). This is why it is important to maintain a beneficiary—and a contingent beneficiary—on such an account. Insurance plans should contain a beneficiary and a contingent beneficiary as well because they also pass outside of a Will.

If you don't name a beneficiary, or if the beneficiary is deceased, your probate estate becomes the beneficiary, thereby making the asset subject to taxes and creditors' claims.

Note: Named beneficiaries should be over the age of 21 and mentally competent. If they aren't, a court may end up getting involved in the matter.

HEALTH CARE POWER OF ATTORNEY. A health care power of attorney designates another individual (typically a spouse or family member) to make important health care decisions on your behalf in the event of incapacity.

If you are considering executing such a document, you should pick someone you trust, who shares your views, and who would likely recommend a course of action you would agree with. After all, this person could literally have your life in their hands.

Finally, a backup agent should also be identified, in case your initial pick is unavailable or unable to act at the time needed.

GUARDIANSHIP DESIGNATIONS. While many Wills or Trusts incorporate this clause, some don't. If you have minor children or are considering having kids, picking a guardian is incredibly important and sometimes overlooked. Make sure the individual or couple you choose shares your views, is financially sound, and is genuinely willing to raise children. As with all designations, a backup or contingent guardian should be named as well.

Absent these designations; a court could rule that your children live with a family member you wouldn't have selected.

THE BOTTOM LINE. There is more to estate planning than deciding how to divvy up your assets when you die. It's also about making certain your family members and other beneficiaries are provided for and have access to your assets upon your temporary or permanent incapacity.

A Will is a great place to start, but it's only the beginning. If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference.

We've been representing people injured in auto collisions for more than 20 years.

We've been representing people injured in auto collisions for more than 20 years. When you've been hurt in a crash, the at-fault driver's insurance company has a whole team of people working on paying you the smallest amount of money they can. That's why it's important to hire an experienced lawyer. We'll deal with the insurance company so you don't have to, we'll investigate your claim, gather your medical records, proof of lost wages, and other evidence of your injuries and the damages you've suffered. Then we present them to the insurance adjuster with our demand for settlement. If we can't agree on a fair and just settlement, we'll file a lawsuit on your behalf and take your case to trial in front of a judge and jury.

If you or a friend, family member, neighbor, or co-worker has been injured in an auto collision and needs legal advice, give us a call at 253.858.5434 to set up an appointment for a free consultation right away. We are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference, whichever you prefer.

Estate planning encompasses numerous areas of law and serves a number of important purposes. We can help you develop a new estate plan or work with you to modify an existing estate plan.

Estate planning is multifaceted; it encompasses the laws of Wills & Trusts, real estate, business law, contracts, tax law, and many other areas of the law. It also serves a number of important purposes–it can help you avoid probate, minimize or eliminate estate taxes, provide instructions on how to manage your affairs during your incapacity, and settle matters and control your estate after your death.

We can help you develop a new estate plan or work with you on modifications to an estate plan that is already in place:

Basic estate planning documents include either a simple Will or a "pour over" Will with a Revocable Living Trust, Durable Power of Attorney for asset management, a Health Care Power of Attorney for healthcare decision-making in the event of your incapacity, and a Directive to Physicians (also called a "Living Will") to make sure that your wishes are respected regarding terminal illness, life support, and other end-of-life issues.

There are additional estate planning considerations for non-U.S. citizens and their spouses, including use of a Qualified Domestic Trust (QDOT) to defer the harsh tax treatment often given to non-citizens.

If you have children, you should also consider the benefits of a Trust to ensure that your children’s inheritance is properly managed and their assets protected.

If the total value of your assets is over the estate tax exemption amount (currently $11.58 million), you should explore the tax-saving benefits of a Marital Deduction Trust and Credit Shelter Trust, IRA Distribution Planning, as well as the possibility of incorporating an Irrevocable Life Insurance Trust, Charitable Trust, Family Limited Partnership and/or Family LLC into your estate plan.

Individuals with extensive property and/or business interests can benefit from Conservation Easements, Family Business Continuation Plans, “estate freezing” techniques, and our wealth management services.

If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference.

We have moved! Our new address is 3010 Harborview Drive, Suite 301, Gig Harbor, Washington 98335.

We have moved! We are pleased to announce that our offices have officially moved to the historic downtown Gig Harbor waterfront! Our address is now 3010 Harborview Drive, Suite 301, Gig Harbor, Washington 98335. We’ll get directions to the new location up on our website soon, but for those of you familiar with Gig Harbor, we are across the street from the Russell Foundation and kitty-corner from the Tides Tavern, with a parking lot behind our building. Access to our parking lot from Harborview Drive is between the Tickled Pink clothing boutique and Gig Harbor Real Estate; access from Judson Street is between Timberland Bank and Gig Harbor Audio. We look forward to your visits soon! Merry Christmas!

As legal advisors, bringing our clients peace of mind is our top priority. We bring customized solutions to all types of estates with strategic planning, innovative techniques, and practical counsel.

As advisors to our clients, bringing peace of mind is our top priority. We understand many of the complexities and difficulties individuals and families face when transferring their assets to their beneficiaries upon death, passing on a property or a family business, or preparing for transfer tax planning. We bring customized, integrative solutions to all types of estates with proactive strategic planning, combined with innovative estate and tax planning techniques. We also provide practical counsel in connection with dispute resolution matters.

We regularly advise clients ranging from high-net-worth individuals, business owners and executives, family-owned and closely held businesses, to beneficiaries of dynasty trusts on sophisticated estate planning, estate and trust administration, wealth transfer and transfer tax minimization, and trusts and estates disputes. We are admitted to practice law in Washington and Idaho.

We provide guidance in a number of areas, including:

* Wills, living trusts, durable power of attorney and community property agreements

* Prenuptial agreements, postnuptial agreements and cohabitation agreements

* Succession planning for family businesses

* Irrevocable life insurance trusts

* Grantor retained annuity trusts

* Charitable giving planning and tax-exempt organizations

* Administration of trusts and estates, including probate

* Advising heirs, beneficiaries and fiduciaries as to their rights, interests and obligations in an estate or trust

* Trust and estate dispute resolution

We help our clients develop personalized estate plans. Our goal is to convert their intentions into specific strategies in a practical and cost-effective manner. We address our clients’ estate and business planning needs using an approach that is comprehensive, tailored to each client’s situation, and implemented with well-drafted legal documentation.

Clients also appreciate our in-depth experience with various types of trusts, including charitable trusts, charitable reminder trusts, dynasty trusts, education trusts, irrevocable life insurance trusts, grantor retained annuity trusts, qualified domestic trusts, qualified personal residence trusts and testamentary trusts, among others.

We also understand the intersection between law and the unique challenges of running a family business. We regularly advise this unique segment of clients develop a solid business and legal infrastructure positioned for growth and longevity. We advise diverse industries and sectors that range in size from small businesses to multinational corporations in navigating and avoiding risks that can threaten a family business, such as intra-and intergenerational rivalries among family members, compensation disputes, breaches of fiduciary duties by family members, death and succession issues, integrating non-family members into the company structure, and difficulties in determining lines of authority.

If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today.

For many people, charitable giving is a way of life. The options for charitable giving within your estate plan are varied and complex. We can help!

For many people, charitable giving is a way of life. Whether it is to support an organization that has touched your life, a school that put you on the road to success, or simply a cause that you feel passionate about, charitable giving not only offers emotional benefits, but also practical ones as well.

For motivated donors, one question is how much to give throughout your lifetime and what to leave as charitable gifts in your Will or Trust. For those who are not concerned about the use of the assets during their lifetime–for care or enjoyment–a charitable gift may be a regular occurrence. Others may choose to pass on assets after their death, in addition to, or sometimes in place of, passing on assets to family members. The options for charitable giving within an estate plan are varied. One option is to make a gift at death through a Will or Trust, which would then reduce the amount of the donor’s estate, and thus any estate taxes that would need to be paid.

GIFT ANNUITY. Another popular option is a Charitable Annuity. The basic structure of such an annuity is that the donor makes a lump sum gift to the charity, with the gift being used to purchase an annuity. The annuity would pay the donor a fixed percentage of the gift each year during their lifetime, with the remaining value of the annuity paid to the charity after the donor’s death. This offers a way for the donor to give away cash or assets while still receiving an income stream.

GIFTING ASSETS. Also beneficial can be the gift of appreciated assets. For donors who own real estate or a stock portfolio with a large appreciation, the assets can be passed on to the charity so that the donor receives a tax deduction for the fair market value of the gift. The charity can then sell those assets without having to pay the capital gains tax on the appreciated value.

GIFTS IN TRUST. Yet another alternative is that the gift is left in a Trust, giving a family member or a corporate trustee control over the trust. The terms of the Trust would then direct how and when the assets of the Trust are to be distributed to the charity or how the assets are used for charitable purposes.

FAMILY FOUNDATIONS. For larger donations or donations to be made over time, creating a family foundation is an option. A family foundation can be useful for those who wish to devote some part of their assets to charitable causes during their lives and have the work of the foundation and its charitable efforts continue after death.

DO YOUR RESEARCH! As with any donation, you should fully investigate the reputation of the charity you wish to make your contribution to. By doing a little research, you can be sure that the charity you wish to donate to uses their assets wisely, and that your donation is actually applied to charitable purposes instead of administration costs.

If you are inclined to make a charitable donation in your estate plan, it is always smart to discuss your intentions with an experienced lawyer to ensure your wishes are fully thought-out, appropriately documented, and to ensure that the gift is mutually beneficial from a tax perspective. For more information on charitable giving in estate planning, contact call us at 253.85.5434 or drop an email to steve@aitalaw.com. We represent clients throughout Washington and Idaho and are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference.

We pride ourselves on helping victims navigate their legal journeys following all types of injury incidents. Injuries can create emotional turbulence; we work to ease clients' concerns.

Auto collisions and injuries can make for chaotic times. While your health and safety should always be your top priorities when the unexpected happens to you, it's important to remember that what you say and do in the aftermath of a car crash can have an impact on any legal action you choose to pursue–including a personal injury lawsuit.

We pride ourselves on helping victims and families navigate their legal journeys following all types of injury incidents. Though we know injuries can create emotional turbulence, we work to ease our clients’ concerns by handling the legal aspects of claims on their behalves.

STEP 1: MEDICAL TREATMENT. The first and most important thing you can do–both for your personal wellbeing and any personal injury claim you may choose to pursue–is to seek immediate medical attention if you’ve been injured in a collision. A medical evaluation can ensure any injuries you sustained are promptly diagnosed and treated, or that any injuries you are not aware of are addressed. Even if you don’t believe you’re hurt, or think you can tough it out, it’s still best to get checked out; there are injuries you may not necessarily feel are significant, but which can quickly become medical emergencies or develop into more significant conditions (i.e. brain injuries and hemorrhaging).

In addition to ensuring you get started on a course of treatment for your injuries, medical evaluations provide critical documentation that can be used as evidence in your case. Without any documentation from medical professionals, it’s your word against the insurance company’s–and even if you wait it out, and were suffering all along, it may open the door to arguments that you weren’t really injured, or that your injuries weren’t very serious.

STEP 2: COLLECT ANY INFORMATION YOU CAN/PRESERVE EVIDENCE. If you’re able to do so, try to collect as much information as possible about your accident and injuries. This may mean:

* Calling emergency services for emergency medical treatment and law enforcement to respond and create a police report;

* Collecting contact, insurance, and vehicle information from all parties involved in an auto accident;

* Taking photos/videos of the scene, including any property damage, and visible injuries from multiple angles before and after anything is moved, of course without jeopardizing your health or safety.

* Collecting information, including contact information, from any witnesses who may have seen what happened or who could be otherwise helpful;

* Obtaining any and all information and documentation resulting from the incident, including any reports to an employer, medical bills and documentation from all appointments, documentation of missed work/lost wages, insurance letters or communication with other parties, and more.

Collecting as much information as you can will be useful in both evaluating and successfully prosecuting a personal injury claim, but is easier said than done, especially if your injuries are serious. A lawyer can help ensure you get the right information you need, and that it’s used appropriately for your case.

STEP 3: CALL A LAWYER. There’s no law saying you must hire a lawyer after a collision, but it’s worth considering and may be regrettable if you don’t. Experienced lawyers can help you take the right steps from the moment you reach out for help–from information gathering and evidence preservation to in-depth investigations, medical evaluations, and collaboration with the necessary experts and medical professionals.

In addition to leveraging resources you may not have, or may not be able to tap into when you’re in a fragile state of health, a lawyer can view the entirety of your situation from a legal perspective and evaluate the viability of your potential claim, potential defendants who may be held at fault, and the best approach for securing a full and fair recovery of your damages (pain and suffering, medical expenses, and/or loss of earnings and benefits).

STEP 4: KNOW WHAT TO EXPECT. Whether you’re working with a lawyer or not, it’s important to know what to expect as your case moves forward. While that can vary depending on the unique facts of your case (which is why working with a lawyer can ensure you’ll understand what to expect), there is a general timeline. Often, that timeline will progress as follows:

* Initial investigation. Initial investigations focus on immediately available evidence and documentation gathering, during which each side reviews all documents, including medical records, and facts of a case to determine whether there is cause for action. In certain case, a demand and/or negotiations for a settlement before a lawsuit is filed.

* Filing of a lawsuit against the at-fault parties (defendants) in civil court. Keep in mind, civil claims are typically subject to a statute of limitations (time limit to file a lawsuit) that may vary depending on the type of claim and the defendant.

* Discovery. The discovery process is a formal procedure by which each party in a lawsuit investigates the other’s claims/defenses. This usually consists of requests for documentation and evidence and depositions where both parties and any witnesses are questioned under oath. This step may last years depending on the complexity of a case.

* Negotiations/mediation. During or after discovery, it may be possible to enter into negotiations or mediation to resolve the lawsuit prior to any actual trial.

* Trial. While settlements are usually obtained before trial, it is sometimes the case that no resolution is reached. There are many different reasons a case does not settle prior to trial. If the case does not settle, the case will be scheduled for trial and that trial date may also be changed, pushing any actual trial further back and increasing the length of a case. Sometimes during this process, even just before a trial is to begin, both parties may come to an agreement to settle the case.

* Post-trial motions and appeals. Even after a verdict is reached at trial, either side can try to raise or lower the amount of the verdict, or try to get some other relief from the trial judge. After that, both sides can also appeal those decisions by the trial judge. The case can also settle during this time period.

There’s a lot to take in after an auto collision and at the outset of a personal injury case, and a lot of moving parts to address as they relate specifically to the unique facts and circumstances of your case. Ultimately, working with a lawyer can ensure you protect your rights every step of the way, make the most of your available options, and are positioned as best as possible to prevail and recover.

At our law firm, we care about our clients, and do all we can to guide them through their legal journeys. What’s more, we offer free consultations, and handle personal injury cases on contingency fees–meaning there’s no up-front cost to hire us, and no fee unless we win. If we can be of service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment today.

Second marriages, particularly if there are stepchildren involved, present certain estate planning issues. Every family is unique, and we can help you avoid some estate planning pitfalls.

You may be a little bit older and wiser, and now you've decided it's time to get married again. Second marriages, particularly if there are children involved from your previous marriage, present certain issues when it comes to your estate plan. Even in the best of “step-family” situations, allowing your new spouse and children to “work it out” after you die can be a recipe for disaster.

Whether your blended family involves children from a prior marriage as well as joint children, or the introduction of a new spouse, blended families come with their own set of unique challenges. Blended families may also involve both younger and older couples, couples with a wide age gap, and nearly everyone in between.

When the new spouse is significantly younger, this sometimes means that the older spouse’s children are close in age to the younger spouse. These relationships can cause more than just friction between the step-parent and step-children.

Most parents want to ensure that their assets will pass to their children, not their stepchildren. However, absent good estate planning, there is no guarantee that their children will inherit their assets. In fact, if the couple creates common “I love you” Wills such that their assets pass to the survivor of them, there is a significant likelihood their children will be totally disinherited. This is because all of their assets will pass to the surviving spouse to do with as they please. More often than not, this means excluding the stepchildren, who then receive nothing. Additionally, in most states, a surviving spouse has certain rights to claim a share of the deceased spouse’s estate, whether there is a Will or not. The law is very specific and, although your surviving spouse will not get everything, they are entitled to a large share of your estate regardless of you written wishes in your Will.

One way to address this is to utilize a Revocable Living Trust. A Revocable Living Trust is a legal document that names and authorizes a Trustee to hold title and manage your assets. Usually, you name yourself as the initial Trustee, allowing you to keep control of your assets during your life. You will then name a successor Trustee to take over the trust upon your death, or should you become incompetent or incapacitated.

Unlike a Will, assets in a Revocable Living Trust will often pass to your beneficiaries quicker. In most states, the process by which your Will is probated through the courts can be lengthy, expensive, and subject the estate to the rights of the surviving spouse as discussed above. Transferring assets to a Trust, while you are alive, can save months of administration time and thousands in legal fees. It also removes your estate (with respect to the assets held in the Revocable Living Trust) from the probate process and removes the ability of the surviving spouse to claim their statutory share.

Within your Revocable Living Trust, you can still provide for your surviving spouse. One way is by providing an income stream to your spouse for their life and then having the remaining Trust left to your children, or the beneficiaries of your choosing. Additionally, the Trust can be written to allow your surviving spouse to have access to principal based on your direction. The terms of a Revocable Living Trusts can be written to ensure they meet your ultimate goals.

Every blended family is different. As you embark on this new and exciting path, meet with your estate planning lawyer to ensure your goals are understood and minimize potential pitfalls that may arise for your family. If we can be of service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person (with appropriate social protocols in place), by phone, or via video conference.

Making a Will is a good idea at any age because we never know what's going to happen. No matter your age or health, a Will ensures that your assets will go where you want.

Making a Will is a good idea at any age because we never know what’s going to happen. No matter your age or health, a Will ensures that your savings and assets will be distributed in the way you want. If you write your Will on your own and if it’s not legally sound or doesn't meet the requirements for a valid Will in the state where you live, you may not be able to fix it when it’s necessary. That’s why it’s a smart idea to consult with a lawyer to draft or revise your Will.

A lawyer can also make sure that everything you include in your Will is carried out since you won’t be able to do this yourself. This is done through the probate process. There are a lot of myths and misinformation out there about probate. Probate sounds like a complex and expensive process. However, probate is actually a very common legal procedure and is the way that some assets must be formally passed from the deceased person to their heirs or beneficiaries. Whether probate is needed depends on the type of property, how it is owned, and what the state laws are.

WHAT DOES PROBATE MEAN? Probate is a procedure through which assets are legally passed. For very large estates, the probate process can be a complex procedure. However, for most people, it's a very simple formality. At its most basic, probate is really just a judge giving legal permission for assets to be passed on, whether or not there is a Will.

WHEN DOES PROBATE APPLY? Most people think of probate as involving a Will. If a person dies and leaves a Will, then probate is required to implement the provisions of that will. This is called a "testate estate." Probate also happens if a person dies without a Will and has property that needs to be distributed under the state laws of inheritance. This is called an "intestate estate." If the decedent owned an account that named a beneficiary (such as a retirement account) but the beneficiary has passed away before the owner of the account, probate law requires that account to go through probate so that the funds can be passed to the person legally entitled to them under state law.

CAN'T YOU SKIP PROBATE? Some people don’t want to probate a Will. There is no requirement that a Will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate, there is no way for the beneficiaries to obtain legal ownership without it.

WHAT IS A SMALL ESTATE AFFIDAVIT? Most states recognize that a full probate process can be expensive and time-consuming. Because of this, small estates are usually eligible for a simplified process that generally does not require a lawyer. Here in Washington, for example, if the decedent’s estate is less than $100,000 and does not include any real estate, a small estate affidavit can be used.

PROBATE AVOIDANCE. It is possible to avoid probate entirely with careful planning. This is desirable for some people because doing so reduces legal fees and saves time. Avoiding probate can also protect privacy, since some of the records may not be available to the public.

One of the most popular ways to avoid probate is through the use of a Revocable Living Trust. Assets are placed in the trust, but they can used by the trust creator during their lifetime. Upon death, assets in the trust are passed to the trust beneficiaries just by operation of the trust document. No probate is necessary.

Life insurance policies pass property outside of probate. Whoever you name as beneficiary on your life insurance policy will receive the death benefit directly with no probate process.

Some retirement accounts can pass outside of probate. The account owner names a beneficiary and that person then receives the balance of the account after the owner’s death. Payable on death accounts operate the same way.

Real estate that is owned as joint tenants passes outside of probate as well. This type of property has two owners. When the first owner passes away, the second one automatically owns the property.

Most families will have some contact with a probate court whether or not a Will was created, but in most cases, especially in Washington and Idaho, the process is streamlined and inexpensive. If you have questions about the probate, give us call at 253.858.5434 to see how we can help. We represent clients throughout Washington and Idaho and are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference.

Estate plans aren't just a "set it and forget it" type of thing.

I think I've told clients, "Estate plans aren't just a 'set it and forget it' type of thing" at least three or four times this week. We do regular reviews of our clients' estate planning files in April and October each year. Each client's file gets reviewed and a letter sent with a checklist every 3-4 years, or more often if circumstances warrant it. Because the universe is fluid; our lives change, our financial situations change, our health changes, technology changes, our family relationships change, the law changes, and the world in general changes. If it's been a while since you've last reviewed or updated your Will, Power of Attorney, Trust, etc., give us a call for a review to see if we'd recommend any changes. Or if you've never made an estate plan and want some legal advice on where to start, give us a call at 253.858.5434 to see how we can help.

Discounts on Estate Planning Legal Services for Front Line Health Care Workers - Our Way to Say "Thanks!"

To all of you front line health care workers - THANK YOU! We know that right now you're pretty swamped, but when you get a minute to take care of some stuff for yourself, we're here for you. During this COVID crisis, if you're an active physician, nurse, EMT, CNA, or other health care worker, we'll give you a full estate plan (Wills, Trusts, Powers of Attorney, Living Wills, etc.) at half the usual rate. You take care of us and our loved ones, so we'll help take care of you and yours. Just our way of expressing our gratitude for all you've done - and continue to do! So again, THANKS!

We are open for Will signings during this stay-at-home order, but ask that most other client meetings take place by phone or video conference.

We are open for business during this second emergency stay-at-home order. We ask that most client meetings take place by phone or video conference, but particularly at this time when people are focusing on their families' health and safety, we recognize the essential nature of estate planning legal services as clients plan and prepare to make sure their loved ones are taken care of. Therefore, we will still be doing in-person Will signings at our office here in Gig Harbor, as these documents still require witnesses and a notary public, with appropriate social distancing and sanitization protocols in place and mask usage required. Please feel free to call us at 253.858.5434 with any questions or concerns. Thank you and stay safe!